Samshun Nisha Begum @ Samsun Nisha ... vs The State Of Jharkhand
2021 Latest Caselaw 2473 Jhar

              IN THE HIGH COURT OF JHARKHAND, RANCHI
                       Cr.M.P. No. 1041 of 2021
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Samshun Nisha Begum @ Samsun Nisha and Ors...... Petitioners

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The State of Jharkhand ...... Opposite Party

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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioners :- Mr. Indrajit Sinha, Advocate For the State :- Mr. Ravi Prakash, Spl.PP

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2/22.07.2021 Heard Mr. Indrajit Sinha, the learned counsel for the petitioners and Mr. Ravi Prakash, the learned State counsel.

This petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic.

Mr. Sinha, the learned counsel appearing on behalf of the petitioners submits that application for demarcation of land was submitted by petitioner no.1 for which demarcation case was opened as Demarcation Case No.52 of 2018-19 which was done in presence of revenue authorities as well as villagers including family members of informant wherein the objector could not show any documents as such demarcation was completed. He submits that the police enquired into the matter and submitted final report wherein the case against the petitioners have not been made out. He submits that in absence of any protest petition the learned Magistrate took cognizance against the petitioner that too under SC/ST (Prevention) of Attrocity Act, 1989 along with other sections of the IPC. He submits that there is no reason assigned for differing with the final form, however, plethora of judgment has been cited in the cognizance order.

Learned counsel for the petitioner will array the informant as O.P.No.2.

Let notice be issued upon the newly added O.P.No.2 by registered post with A/d as well as under ordinary process for which requisite etc. must be filed within two weeks.

There shall be stay of further proceeding with regard to Birsanagar (SC/ST) P.S.Case No.1 of 2020, corresponding to SC/ST Case No.24/2020, pending in the court of Additional Sessions Judge-I-cum-Spl. Judge, Jamshedpur.

Mr. Ravi Prakash,the learned State counsel will take instruction and will file counter affidavit on behalf of the State.

Post on 22.09.2021.

( Sanjay Kumar Dwivedi, J) SI/